Yes, you are right, at the end we could see the emergence of a mixed system which invites registrants and Internet users to go to the ISP, Registrars, Search Engine etc. which meets best his/her expectations. This was one reason why US based Registrars opposed it rather strongly. They feared that Euripean registrars will get a competetive advantage.

What I see in the future (also taking into account the follow up of the PRISM/FISA discussion) is that privacy becomes a new business feature which will have certainly consequences for competition. In the 1980s, ecology and economy were seen as contradictons. Ecology is too expensive and untermines the economy, was the position of many companies and governments. Today ecology is seen as a business opportunity. We could have a similar development in the discussion around privacy. Privacy could become a business opportunity. Thatswhy it is important that ICANN offers some flexibility in the new RA & RAAs not to block future developments.

best

wolfgang

________________________________

Von: NCSG-Discuss im Auftrag von marie-laure Lemineur
Gesendet: So 07.07.2013 05:18
An: [log in to unmask]
Betreff: Re: [NCSG-Discuss] Article 29 Working Group says EU Registrars exempt from data retention in new RAA


Hello,

The EU´s GAC  rep stated to the ICANN Board that Article 29 WP is only a independent advisory body ! Referring to the letter, he said "this is not a EU position as such but the position of an Advisory Committee"...true  but still, considering that this particular advisory body gathers representatives of the European Commission, of the EU Data Protection Supervisor, and of all national Data Protection Authorities in Europe, they represent the authoritative expert voices of the EU on the subject....surely their statement should have some value and should weight in the debate....

In addition to the letter of Article 29 WP,  the independent Advocate General of the European Court of Justice recently (25 June 2013) issued a legal opinion (not binding on the EU Court of Justice) that the EU Data Protection Directive applies to search engines that contain data of EU citizens even if the servers are located physically outside the EU.

If we read this opinion bearing in mind the latest letter from Article 29 Working Party to ICANN CEO, it looks like at some point we might  end up with a system where there will be a two- tier RAA when it comes to registrars' contractual  obligations related to data retention of individual registrants.


Best,

Marie-laure


On Fri, Jul 5, 2013 at 12:07 AM, Rafik Dammak <[log in to unmask]> wrote:


        Hi Dave,

        indeed and maybe worthy to reach the European Commission GAC representatives and ask them what they think now.

        Best,

        Rafik


        2013/7/5 David Cake <[log in to unmask]>


                http://www.internetnews.me/2013/07/04/article-29-working-party-to-icann-eu-registrars-exempt-from-data-retention-requirements/
                The totally predictable outcome of the over reach on data retention and validation etc in the new RAA is that EU registrars will end up being exempt due to the requirements being unlawful.
                Which is pretty much what everyone has been telling ICANN since this started, and renders the entire process fairly ridiculous.

                Cheers

                David